The EFF has filed a lawsuit against the Department of Justice demanding that …

The Electronic Frontier Foundation (EFF) has filed a lawsuit against the US Department of Justice (DOJ) in an effort to obtain records that could shed light on telecommunication industry lobbying activities. The EFF suspects that major telecommunications companies like AT&T have attempted to use political leverage to compel lawmakers to support legislation that would grant the companies legal immunity for their involvement in the federal government's extralegal electronic surveillance program.

The EFF requested records under the Freedom of Information Act (FOIA) last month from the Department of Justice and Office of Legislative Affairs. The records sought by the EFF include documentation of interaction pertaining to FISA amendments and surveillance immunity between Department of Justice officials, representatives of the telecommunications companies, and members of the Senate or House of representatives. The government has failed to process the FOIA request within the 20-day maximum waiting period stipulated by law, so the EFF has followed up its request with a lawsuit (PDF) demanding swift compliance.

Recent reports have revealed evidence that the telecommunications companies have been heavily lobbying for immunity in order to avoid potentially costly and embarrassing litigation. FCC Chairman Kevin Martin has declined requests from several Congressmen and privacy groups to investigate whether or not major telecommunications companies have violated laws prohibiting disclosure of customer information by supplying data to the NSA and FBI.

During recent congressional hearings, Bush administration intelligence officials have characterized the liability faced by the telecommunications companies as unfair and have asked Congress to ensure that the companies aren't punished for assisting the government with surveillance activity deemed necessary by the administration.

Critics argue that granting the telecommunications companies retroactive immunity for colluding with the government in illegal activity would severely undermine the rule of law. Doing so would also indirectly weaken the system of checks and balances that is needed to preserve the integrity of the federal government.

If the alleged criminal activity perpetrated by the telecommunications companies was needed in order to preserve national security, contend critics of the White House, then intelligence officials should have requested that Congress alter the laws to permit such activity before implementing the surveillance program rather than asking for the behavior to be excused after the fact. The executive branch should not be permitted to obviate proper oversight by selectively elevating its coconspirators above the rule of law. If the telecommunications companies are held accountable for their participation in the surveillance plot, it may deter similar activity, hopefully ensuring that intelligence agencies and the executive branch will go through the proper legislative channels in the future when establishing broad surveillance programs.